PEACH v WYMER & ORS [2007] NSWSC 690

The Local Court does not have jurisdiction to grant an order for the protection of Nicole Wymer based on the application before it, as only persons who are applicants may seek protection except in specified cases involving police officers or particular offences.

Jurisdiction: Australia
Judgment Date: 22 June 2007
Procedural Posture: Judicial Review / Administrative Law / Supreme Court Review of Local Court Jurisdictional Decision
Outcome: Decision of Magistrate quashed; matter remitted to Local Court; costs to plaintiff.
Legal Topics: ['apprehended Violence Orders' 'jurisdiction of Local Court']

['administrative Law' 'criminal Law'] ['apprehended Violence Orders' 'jurisdiction of Local Court']

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Procedural Posture

Judicial Review / Administrative Law / Supreme Court Review of Local Court Jurisdictional Decision

Legal Issues

1 ['Whether the Local Court has jurisdiction to make an order protecting a person who is not a complainant under s 562ZQ of the Crimes Act 1900']

Ratio Decidendi

Court Disposition

Decision of Magistrate quashed; matter remitted to Local Court; costs to plaintiff.

Orders

['The record of the Local Court in proceedings 00171301/06/172 be brought up.' "The decision of the Magistrate as to the Court's jurisdiction to grant an order for the protection of Nicole Wymer be quashed." 'The matter be remitted back to the Local Court to be dealt with in accordance with the judgment of this...